Article

Arbitration 2017: Expert Witnesses Analysis

November 2016

The number of nominees in this section continues to grow, driven by the recognition from arbitrators, counsel and parties of the integral role expert witnesses play in arbitration proceedings. This section is a reflection of the depth of expertise in consulting firms around the world. We list 212 practitioners from 17 countries for the quality of their work in arbitrations.

FTI Consulting stands out at the top of our research with 29 nominees selected for inclusion: more than any other firm. In England, David Ashton is a “very good and experienced” practitioner, who is particularly known for his work across the construction, shipping, financial services, oil and gas and chemical industries. Greg Harman specialises in dispute consulting, valuation, and pricing and economic regulation, with a reputation for his “tremendously high-quality work” relating to the telecommunications, media, energy, post, water and transport sectors. Mark Bezant advises on all aspects of valuing businesses, intellectual property and intangible assets, among others, and is known for his “excellent analytical skills” combined with “a calm and credible demeanour on the witness stand”. The "fantastic" Christopher Wedrychowski is a proven figure in the market, known for his considerable experience acting as a quantum expert in high-profile disputes, while Tim Haynes is “the first port of call for any and all construction-related issues”, with experience across the infrastructure, health, rail and petrochemical industries. Andrew Mainz comes "highly recommended" by clients internationally, praised for technical expertise "that is unrivalled in my experience", and Noel Matthews is said to be “articulate, quick, informative and convincing: very user-friendly”. Chris Osborne is a "fantastic guy, the senior statesman of expert witness market in London". He is "very user-friendly, convincing in hearings and solid under cross-examination". Alongside him, Mike Pilgrem is praised for his "impeccable written reports" as well as for his "flawless" testimony before arbitration tribunals. In France, James Nicholson "did an excellent job in making sense of the available material and helping us to understand the issues"; meanwhile Matthias Cazier-Darmoisfocuses his practice on the assessment of damages in a wide range of complex commercial disputes, and is a “definite inclusion” for his experience in cases involving multiple jurisdictions.

The firm is very strong in North America. In the US, Michael Salve is described as “one of the premier experts in this field” specialising in econometrics and statistical analysis and impressing clients with his “close attention to detail”. James Searby is a reputable quantum expert who "presents his arguments very well" and "doesn't get ruffled during testimony". Kenneth Stern wins the admiration of clients through his "vast expertise in the chemicals and petrochemicals sector and impressive testimony skills." Another praises his responsive manner and "willingness to work with the legal team to develop effective case theory". Market sources consider seasoned expert witness Greig Taylor to be "one of the best damages and accounting experts in New York", while Basil Imburgia is "always insightful and very persuasive in his oral evidence". Jeff Litvak is rated as "quite superb", praised for the quality of his expertise in relation to M&A disputes and bankruptcies, and Charles Mikulka is praised for the "extraordinary depth and breadth of his experience". Over the border, Christopher Larkin is "one of the foremost construction expert witnesses in Canada" in the eyes of our sources. He is joined by Chris Milburn, a "damages and valuation guru" who is much sought after for his expertise, and Neal Mizrahi. "In addition to his significant core professional competence and expertise,” says one source of Mizrahi, “we found him to be very responsive and a good communicator. We value that very highly.” Howard Rosen leads the global international arbitration practice and is an "exceptional damages and accounting expert – one of the best in the business".

In Asia, Jon Rowell in Hong Kong is “professional, commercial and an excellent expert witness under cross-examination". Alongside him, Graham McNeill is described as "one of the leading experts in Asia for construction related disputes". In Singapore, James Taylor focuses his expert practice on construction disputes and is particularly proficient when testifying as a quantum expert. Will Inglis is known for his "superb commercial acumen and ability to cut right to the heart of complex technical issues", while Christopher Nunns "knows all there is to know about construction disputes" having worked with both contractors and consultants.

Steve Harris in Dubai receives praise from clients for his “strong attention to detail and ability to report on technical issues with clarity”, and Dawna Wright comes highly recommended in Australia thanks to her 20 years of forensic accounting experience and her enviable track record as an expert witness.

Compass Lexecon’s contingent grows to 20 in this edition, with more than half based in the US. At their head, Manuel Abdala in DC is a veteran of more than 120 international arbitrations and “one of the best in the business”. Pablo Spiller in New York is “widely renowned for the depth of his expertise and arbitration experience”, while Santiago Dellepiane is “first-class on valuations and damages”. Jorge Padilla heads Compass Lexecon Europe and is one of the foremost experts in Spain. He was rated as “unrivalled for competition related issues” in particular. David Sevy stands out in France for his treaty and commercial arbitration experience, while in Buenos Aires Marcelo Schoeters and the “brilliant” Sebastian Zuccon both appear from the firm’s “tremendously well-respected Latin America practice”.

Navigant Consulting moves significantly up the list of the most featured firms this year with 15 nominees selected for inclusion. Brent Kaczmarek leads the US voting overall and is much praised by clients and colleagues alike. “He is a phenomenal damages expert,” says one interviewee; another deems him as “a peerless combination of advocate and expert”. Also in DC, Kiran Sequeira is described as “absolutely on the ball; he has all the details at his fingertips, and is able to take difficult concepts and explain them in a simple and understandable fashion”. In London, Michael Stokes is “undeniably one of the leading construction experts in the market”, and earns recognition for his Middle East expertise. Michael Kenyon in Dubai is held in similarly high esteem, and the firm can also offer two market-leading experts in Singapore in Jon Prudhoe and the “superlative” Garry Crossley.

PricewaterhouseCoopers is “always first-class for this type of work” and sees 13 nominees selected this year. The London office performs particularly well, where the “legendary” Gerry Lagerberg leads the firm’s global international arbitration practice and is widely respected for his work: “It is always great to see him on a case as you know you are dealing with someone who knows their stuff.” Tim Allen is praised for his loss and valuation work on an “impressively wide range of cases over the years”, while Peter Clokey’s valuation work is also “of the highest standard”. Ermelinda Beqiraj is renowned for her knowledge of disputes from Central and Eastern Europe and is “one to watch”. In Prague, Sirshar Qureshi is said to be "meticulous and always takes great care to understand the detail", while Michael Hammes scores highly in Germany. Dominique Perrier is one of the highest scoring experts in the French research, while further afield Deepankar Sanwalka is a leading accountancy expert witness in India who has extensive experience assisting arbitrations worldwide.

Alvarez & Marsal sees 11 nominees selected for inclusion this year. In the US, Laura Hardin stands outs for her “encyclopaedic knowledge”, providing expert guidance on matters ranging from business valuation and damages assessments, to forensic accounting. Dean Graves is known to be “personable and extremely easy to work with”, having over 30 years of industry and advisory experience with an emphasis on arbitration in the energy sector. Aaron Stai has impressive experience across the energy and power industries, providing “exceptionally high-quality” financial and accounting consulting services to clients on matters relating to energy trading, derivative valuation, and forensic financial analyses, among others. Trevor Phillips is a “first-class practitioner” who provides leading counsel and damage analysis relating particularly to construction defects, mortgages, environmental and real estate matters. William Abington has more than 25 years of experience providing exceptional dispute analysis, financial investigations and audit services, and is recommended for his “professional and clear advice”, while Matthew Bialecki has more than 20 years of experience contributing his “phenomenal expertise” in arbitrations, particularly relating to post-acquisition disputes and working capital and indemnification issues. Laureen Ryan is “one of the very best” and receives praise particularly for her work in accounting and forensic investigations in arbitration, and Marc Sherman is described as “a hugely experienced and technically sound expert”, frequently serving as arbitrator for financial and accounting disputes involving prestigious parties. In London, Luke Steadman is particularly known for his forensic accounting expertise, providing evidence for international arbitration and particularly impresses clients with his “hard-working ethos”. The firm is also strong in Germany, where Alexander Demuth is “smart, motivated and engaging”, acting as a damages expert in numerous, high-profile international arbitrations; alongside him, Jochen Benz brings a “wealth of experience” in forensic accounting and forensic economics, working with clients across a range industries including telecoms, engineering, retail, construction, transport, and waste recycling.

Deloitte grows once more in this edition, its contingent of nominees now reaching double figures with 10 from four countries. In London, Andrew Flower is a “big name in this sector” and scores very highly with our interviewees across the board. Elizabeth Gutteridge is fêted for her damages expertise, and her oral testimony “always impresses”; meanwhile Simon Cuerden heads the disputes practice of Deloitte Forensic in the UK and is “remarkably good”, with experience of having given evidence in UK courts and international arbitration proceedings. Clients “would not hesitate to recommend” Philip Rees, praised for his “clear and persuasive” damages testimony. The “dynamic and motivated” Anthony Charlton is one of the most highly respected experts in France, and Chris Phillips scores highly in Switzerland. The firm is also very well thought of in the UAE, with three strongly recommended experts listed in Dubai.

Berkeley Research Group is another firm to increase its presence to 10 in this edition. Chair of the firm Richard Boulton QC is “incredibly impressive”, praised for the breadth of his experience that includes giving oral evidence on approximately 40 occasions, as well as for his significant advocacy experience as a barrister at One Essex Court. “It is exceptionally rare to find someone with his level of intelligence and breadth of qualifications,” says one interviewee. Daniel Ryan heads the London office and is “always a pleasure to deal with”, while David Saunders is “first class” for valuations and damages and has given oral testimony on 15 occasions in UK courts and arbitral tribunals. Heiko Ziehmsoffers extensive accountancy expertise to arbitrations in areas such as energy, property and telecommunications. In the US, David Teece is co-founder of BRG and “someone we all look up to”, while Christopher Goncalves in DC stands out for his energy disputes related expertise.

Nine nominees feature from KPMG this year. In London, John Ellison "produces written analysis of consistently high quality" and "defends his opinions in a convincing manner" according to interviewees, while Kathryn Britten is highlighted by sources for her "deep experience" as an accounting expert and Nicholas Good is described as "never less than hugely impressive" in his expert testimony relating to forensic accounting. In France, the "superb" Jean-Luc Guitera is "very highly rated" by commentators for his expertise in arbitration matters, and Michael Peer in Prague is "extremely sharp, commercially minded and very composed under cross-examination." Two nominees appear from the Madrid office: Fernando Cuñado is "tremendously experienced and always immaculately prepared", and Pablo Bernad Ramoneda is one of the leading expert witnesses in Spain with a "level of experience that is all but unrivalled". In Dallas, Bryan Jones is rated as one of the leading expert witnesses in the United States, praised for his work as both neutral expert and arbiter in domestic arbitrations. John McGuiness in Australia is highly regarded as an accountancy expert witness and regularly assists arbitrations with asset valuation matters involving a number of industries.

Accuracy also earns nine places in this edition. The "always impressive" Erik van Duijvenvoorde scores very highly in our French research for the quality of his "insightful and persuasive" testimony. Christophe Schmit is "highly knowledgeable and a longstanding member of the arbitration scene", and Damien Gros is "extremely good" and takes his place among France's leading expert witnesses. Jean-Baptiste de Courcel is among the leading experts in France for quantification of damages and accounting issues. In Germany, Ekaterina Lohwasser stands out for her "very professional work" and her ability to "act with justified authority" in matters involving complex elements. In London, Hervé de Trogoff is a "market-leading construction expert" who is praised for the depth of his experience, while the "excellent" Anthony Theau-Laurent is "helpful, easy to work with and good on his feet". Roula Harfouche is "a superb practitioner who specialises in valuation matters" and stands out as one of the most highly rated experts in Europe. In Singapore, the "superb" Jonathan Ellis is one of the most highly rated valuation experts in Asia.

The seven nominees from NERA Economic Consulting are spread between its UK, Germany and US offices. In London, the "talented, bright and honest" Antoinette Pincott is skilled in the damages area and is "an excellent communicator" and Chudozie Okongwu provides clients with "a truly forensic approach to arbitration and valuation". Alexander Voegele in Frankfurt is recognised for his great ability to present complex cases in a “simple and effective” manner. David Tabak in New York is recognised as "a thoroughly experienced and well-respected expert witness". He is listed alongside Andrew Carron, "an expert in broker-customer arbitration" who demonstrates "a real depth of knowledge". Jeff Makholm in Boston is “always prepared, pragmatic and focused” and is considered “a real specialist” when it comes to regulated infrastructure industries; the "top-tier" Alan Cox in San Francisco has "an acute understanding of international arbitration"" and has testified before numerous arbitral courts on a range of issues.

Grant Thornton fields five highly rated arbitration experts. In London, Colin Johnson is described by impressed sources as "a team player and a pleasure to work with" as well as "helpful and industrious". Alongside him, Will Davies is much in demand due to the quality of his work and depth of his experience and is deemed "fantastic to work with". Nick Andrews is an "exceptionally solid" practitioner who provides expertise in matters across sectors including retail, pharmaceuticals and construction. Vidya Rajarao is one of India’s leading expert witnesses, and John Ferro gives the firm a presence in the US research with a strong performance in Boston.

AlixPartners’ five nominees include two in the US. In DC, Robert Yerman's "experience in the field is unmatched; he is a highly sought after expert witness”. Harvey Kelly in New York is included for his “extremely convincing” oral testimony abilities. Andrew Grantham in London "is responsive and thoughtful" and is regarded as "one of the top tier arbitration experts", and in Germany Kai Schumacher is described by one of his peers as "The best expert witness I have ever worked with. Neutral till the very end". Neill Poole in Hong Kong has "a vast industry knowledge across numerous sectors, he always gives excellent advice".

The five nominees from Ernst & Young include Richard Indge, who is considered “a definite inclusion” in London thanks to his reputation as an excellent expert witness on issues relating to forensic accounting and damage quantifications. Maggie Stilwell draws high praise from peers for her considerable experience providing expert witness testimony and determinations, particularly on disputes relating to corporate transactions. Trevor Dick in Hong Kong is a client favourite known for providing “rigorous and persuasive testimony” particularly in joint venture disputes, and Arpinder Singh is “a very reliable and credible expert” who comes recommended as “one of the leading advisory and forensic accounting experts in India.” The “spectacularly good” Robert Chandler in Dubai completes the firm’s listings.

Secretariat International is home to four very highly rated individuals. Don Harvey is recognised as "one of the most knowledgeable experts on construction arbitration", while Ted Scott is also "highly experienced and well versed" in construction arbitration and dispute resolution. In Dubai, Mike Saulsbury "has a forensic mind and offers a comprehensive understanding of construction disputes", while Amit Garg in Singapore is regarded as "the go-to guy for construction disputes in the region" and his experience encompasses Asia, Australia and the Middle East.

Philip Haberman at Haberman Ilett is one of the leading figures in the research worldwide. "No lawyer wants to have to cross-examine Phil,” says a source. “He is so level-headed and calm and exudes absolute credibility." Alongside him, Frank Ilett has 25 years' experience in accountancy and regularly advises clients on breach of contract and associated assessment of value. Liz Perks is "calm, measured, hardworking and extremely reliable. Her work ethic and responsiveness are unparalleled."

Daniel Floresat Econ One Research in Washington DC is “an expert witness capable of summing up in common words great technical economic debates, allowing the tribunals to understand damage cases in an effective and quick way”. Alongside him, Ettore Comi is praised for his “fantastic writing and presentation style, meticulous preparation and easy, responsive manner and Jeffrey Leitzinger is an accomplished quantum expert with considerable experience producing expert reports and testifying in international arbitral forums.

The three nominees from BDO in London all score highly. Gervase MacGregor is a highly rated accountancy expert who is frequently consulted in arbitrations. He has particular expertise in oil and gas matters. Interviewees speak well of Stephen Peters: "in addition to being succinct, persuasive and accurate in his analysis, I was impressed by his commercial sense”, and Andrew Maclay is a leading authority on forensic accounting in international commercial and investment arbitration.

Cornerstone Research fields two very highly rated arbitration experts. José Alberro in the US is an acknowledged market leader with experience of testifying in both investor-state and commercial disputes. In London, Boaz Moselle is a worldwide authority on energy-related disputes. "His ability to present complex ideas in an understandable way sets him apart."

In the US, Rory Walck of Global Financial Analytics once again earns a place among the most highly recommended individuals in our research overall. He is fêted for his work relating to energy disputes, and the breadth and depth of this “eminent” expert is “unrivalled”. Tim Hartat Credibility Consulting in DC is "very well known in the market" for the quality of his testimony relating to the financial aspects of disputes, and Jeffrey Fuchs at Delta Consulting Group leaves sources "impressed by the quality of his testimony as well as his huge experience". Another client comments: "He's one of the best testifying experts that I've seen." The “outstanding” Errol Soriano at Duff & Phelps in Toronto is a seasoned damages expert who comes highly recommended for his experience and expertise in arbitral proceedings.

Several further experts stand out in the UK. The “fantastic” Geoffrey Senogles at Charles River Associates regularly assists arbitrations as an accountancy expert witness, offering substantial expertise in assessing financial loss. Wendy MacLaughlin at Hill International is highlighted by market sources for her knowledge and proficiency on large matters requiring expert involvement, and she is “undeniably skilled and always persuasive”. Tim Giles at Independent Economics & Finance is "very user-friendly, hardworking and expert in conveying complex matters to Tribunals clearly", while James Gilbeyat Mazars “has the drafting and testifying skills to put him comfortably in the top tier of expert witnesses”, according to respondents, who also regard him as “an extremely diligent and hardworking individual”. Helen Jenkins at Oxera has deep experience providing expert evidence to arbitral panels on a variety of matters including banking and competition disputes, and David Stern at StoneTurn is regarded as "great to work with, effective and insightful". Ian Robinson at Tempus Delay Analysis brings over 20 years of experience advising arbitrations worldwide on complex construction and engineering delay cases.

Mikaël Ouanicheat OCA - Organisation Conseil & Audit in Paris is recognised as a "first-class" expert witness for his "depth of understanding and effective delivery".

Nominees have been selected based upon comprehensive, independent survey work with both general counsel and private practice lawyers worldwide. Only specialists who have met independent international research criteria are listed.